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MISSOURI PACIFIC R. v. ESCANABA & LAKE SUPERIOR R.

No. M88-173-CA2, M88-174-CA2.

702 F.Supp. 630 (1988)

MISSOURI PACIFIC RAILROAD COMPANY, a Delaware corporation, Plaintiff, v. ESCANABA & LAKE SUPERIOR RAILROAD COMPANY, a Michigan corporation, Defendant. UNION PACIFIC RAILROAD COMPANY, A Utah corporation, Plaintiff, v. ESCANABA & LAKE SUPERIOR RAILROAD COMPANY, a Michigan corporation, Defendant.

United States District Court, W.D. Michigan, N.D.

December 16, 1988.

Attorney(s) appearing for the Case

James D. Benak, Omaha, Neb., for plaintiffs.

Robert L. Bach, St. Paul, Minn., for defendant.

OPINION OF THE COURT

ROBERT HOLMES BELL, District Judge.

Now before the Court are two distinct but parallel actions for recovery of railroad interline freight revenues allegedly owed to the respective plaintiffs by the common defendant, Escanaba & Lake Superior Railroad Company. Plaintiffs have moved for summary judgments, asserting there is no genuine issue as to any material fact and they are entitled to judgments as a matter of law. Indeed, the

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